SEA-ME-WE 3 STANDARD IRU AGREEMENTsmw3.com/smw3/SignIn/Download/IRU/Standard Agreement/AG... · 2012-11-30 · circumstances, shall the Path assignment so designated be changed. 2.3

AG-IRU-Final (Mar03).doc

SEA-ME-WE 3

STANDARD IRU AGREEMENT

AG-IRU-Final (Mar03).doc - 1 -

SEA-ME-WE 3 INDEFEASIBLE RIGHT OF USE AGREEMENT

THIS AGREEMENT, made and entered into this __ _ day of __ _,_ _, between the international telecommunications entities identified as “Grantors” in Annex 1 of this Agreement and the international telecommunications entity identified as the “IRU Purchaser” in Annex 1 of this Agreement.

WITNESSETH

WHEREAS: A. An agreement (hereinafter referred to as the "SEA-ME-WE 3 C&MA", including any

revisions or supplements duly made thereafter) was made and entered into 15 January 1997 between and among the signatories thereto, including the Grantors (hereinafter referred to as the “SEA-ME-WE 3 Parties”) to provide, construct, operate and maintain an optical fibre submarine cable system linking the Far East, South East Asia, the Indian Subcontinent, the Middle East and Western Europe (hereinafter referred to as "SEA-ME-WE 3");

B. Pursuant to the SEA-ME-WE 3 C&MA, such Grantors as identified as the “Segment

S IRU Grantors” in 2.1 of Annex 1 of this Agreement are entitled to grant Indefeasible Right of Use (hereinafter referred to as “IRU”) in the capacity in Segment S of SEA-ME-WE 3 (as defined in the SEA-ME-WE 3 C&MA) to international telecommunications entities;

C. In the SEA-ME-WE 3 C&MA, that Grantor, who is identified as the “Terminal Station

Right of Use Grantor” in 2.2 of Annex 1 of this Agreement, agrees to grant right of use (hereinafter referred to as “Terminal Station Right of Use”) in its Segment T of SEA-ME-WE 3 (as defined in the SEA-ME-WE 3 C&MA) to international telecommunications entities who acquire IRU in SEA-ME-WE 3;

D. The IRU Purchaser wishes to acquire and the Grantors are willing to grant IRU in

such capacity in Segment S and the Terminal Station Right of Use in such Segment T as specified in Annex 1 of this Agreement;

E. Necessary approvals by the Management Committee of SEA-ME-WE 3 and the

relevant SEA-ME-WE 3 Parties have been obtained pursuant to the SEA-ME-WE 3 C&MA, where applicable;

F. The Network Administrator of SEA-ME WE-3 as identified in Paragraph 16. of this

Agreement (hereinafter referred to as the “Network Administrator”) is authorized to execute this Agreement on behalf of the Grantors, pursuant to the SEA-ME WE 3 C&MA; and

G. The parties hereto now wish to define the terms and conditions on which the said

IRU and Terminal Station Right of Use shall be granted and effected,


NOW THEREFORE, THIS AGREEMENT witnesses and it is hereby agreed and declared that: 1. CONFORMITY Unless otherwise specified herein, this Agreement shall be construed in accordance

with and subject to the expressions and definitions contained in the SEA-ME-WE 3 C&MA. To the extent of the purpose of this Paragraph, IRU Purchaser shall be allowed to refer to the SEA-ME-WE 3 C&MA, under the confidentiality obligations as provided for in Paragraph 17 of this Agreement. The Grantors agree that Network Administrater and the Central Billing Party of SEA-ME-WE 3 as identified in Paragraph 15. of this Agreement (hereinafter referred to as the “Central Billing Party”) shall act as their agents under this Agreement.

2. GRANTING OF IRU AND TERMINAL STATION RIGHT OF USE The Segment S IRU Grantors hereby grant IRU in the SEA-ME-WE 3 capacity and

the Terminal Station Right of Use Grantor hereby grants the Terminal Station Right of Use in the relevant Segment T to the IRU Purchaser, and is duly licensed to grant said rights, under the following conditions:

2.1 (i ) The IRU and the Terminal Station Right of Use granted hereby shall

commence on the date as first above and shall continue to be effective for the duration of this Agreement.

(ii) In the case provided under Subparagraphs 7.6 through 7.10 of this

Agreement, the IRU and the Terminal Station Right of Use granted hereby shall commence on the date of the full effectiveness of the license obtained by the IRU Purchaser for the provision of international telecommunication commercial services (hereinafter referred to as the “License”).

2.2 The quantity and the Path assignment of the SEA-ME-WE 3 capacity in which IRU

is granted and the Segment T in which the Terminal Station Right of Use is granted are as specified in 3.1 and 3.3 of Annex 1 of this Agreement respectively. In no circumstances, shall the Path assignment so designated be changed.

2.3 The capacity in which IRU is granted hereto shall be used for the purpose as

designated in 3.2 of Annex 1 of this Agreement, unless otherwise allowed by the SEA-ME-WE 3 Management Committee.

2.4 No interest in the Common Reserve Capacity of SEA-ME-WE 3 is granted to the

IRU Purchaser by this Agreement. Nothing in this Agreement shall be construed as implying that the IRU Purchaser’s acquisition of IRU entails its claim for any interest, rights and benefits of the Common Reserve Capacity.


2.5 Granting of IRU to the IRU Purchaser under this Agreement does not entail provision of restoration of the capacity in which IRU is granted, in the event of any failure or breakdown of SEA-ME-WE 3. However, if the SEA-ME-WE 3 Parties incur any costs, charges or expenses for the restoration of the capacity in which IRU is granted to the IRU Purchaser, such costs, charges or expenses allocable to the capacity in which IRU is granted to the IRU Purchaser shall be borne by the IRU Purchaser.

2.6 Except as provided for in Paragraph 13. of this Agreement, the IRU Purchaser shall

not make available on any basis whatsoever any of the capacity in which IRU is granted to the IRU Purchaser herewith, unless otherwise allowed by the SEA-ME-WE 3 Management Committee.

2.7 In the event that the Assigned Capacity of SEA-ME-WE 3 is reduced as a result of

the decrease of the Design Capacity below the Assigned Capacity, the capacity in which IRU and the Terminal Station Right of Use is granted to the IRU Purchaser hereunder shall be reduced in the same proportion as the Assigned Capacity is reduced. Reduction with respect to fraction of a half MIU will be determined by agreement between the SEA-ME-WE 3 Management Committee and the IRU Purchaser such that integral numbers of half MIUs shall result.

2.8 It is agreed that the Grantors, the Network Administrator or the Central Billing Party

make, and have made, no representation or warranty as to the adequacy, suitability or fitness of either the capacity in SEA-ME-WE 3 or SEA-ME-WE 3 for any of the purposes of the IRU Purchaser.

3. FINANCIAL LIABILITY OF THE IRU PURCHASER In consideration of the granting of IRU and the Terminal Station Right of Use

pursuant to Paragraph 1 above, the IRU Purchaser shall assume the following financial liabilities:

3.1 For IRU granted in the SEA-ME-WE 3 capacity under this Agreement: (i) Payment of the lump sum amounts as specified in Annex 1 of this

Agreement (hereinafter referred to as the “IRU Lump Sum”); (ii) Recurring payment of the amounts, as specified in Annex 1 of this

Agreement, for the operation and maintenance of the capacity in which IRU is granted (hereinafter referred to as the “Segment S Annual Charges”); and

(iii) Sharing of the cost of the residual obligation to share a certain financial

obligation as defined in Paragraph 11. of this Agreement. 3.2 For the Terminal Station Right of Use granted in the relevant Segment T under this

Agreement: (i) Payment of the lump sum amounts as specified in Annex 1 of this

Agreement (hereinafter referred to as the “Right of Use Lump Sum”);

(ii) Recurring payment of the amounts, as specified in Annex 1 of this Agreement, for the operation and maintenance of the Segment T and the


additional Capital Costs in Segment T in which the Right of Use is granted (hereinafter referred to as the “Segment T Annual Charges”).

4. BILLING AND PAYMENT The following procedures and arrangements shall apply to the billing and payment

under this Agreement: 4.1 The billing for the IRU Purchaser’s payment for its financial liabilities as provided for

in Paragraph 3 above shall be made as follows: 4.1.1 With respect to the IRU Lump Sum as defined in Subparagraph 3.1 and the Right of

Use Lump Sum as defined in Subparagraph 3.2, the Central Billing Party shall render a bill to the IRU Purchaser as soon as practicable after the execution of this Agreement.

4.1.2 With Respect to the Segment S Annual Charges and the Segment T Annual

Charges as defined in Subparagraphs 3.1 and 3.2 respectively, the Central Billing Party shall render bills to the IRU Purchaser quarterly in a calender year from the execution of this IRU Agreement and the Terminal Station Right of Use, in accordance with Subparagraph 2.1. The billed amount in the first bill shall be proportional to the duration from the commencement of the IRU and the Terminal Station Right of Use to the end of the quarter in which such commencement occurred against the total duration of the quarter in which such effectuation occurred.

4.1.3 With respect to sharing of costs and expenses as defined in Subparagraphs 3.1 (iii),

the Central Billing Party shall render bills as soon as practical after such costs are incurred. Bills rendered to the IRU Purchaser pursuant to this Subparagraph 4.1.3 shall include financial charges. For the purpose of this Subparagraph, the financial charges shall be calculated as applicable on a daily basis from the date the costs and expenses are incurred until the day the payment by the IRU Purchaser is due, at a rate equal to the official London Interbank Offered Rate (LIBOR) for 30 day loans in US Dollars on the fifteenth day of the month in which the costs were incurred or the next business day, if the fifteenth day is not a business day.

4.2 IRU Purchaser shall pay any bill rendered pursuant to Subparagraph 4.1.1 to the

Central Billing Party or to such Grantors as the Central Billing Party may designate in the currency in which the bills were rendered, within fourty five (45) days from the date on which the bill was rendered. NA will not activate capacity until Central Billing Party has notified receipt of payments due in accordance with Subparagraph 4.1.1. Failure to make such payment within ninety (90) days will render this IRU Agreement null and void.

4.3 IRU Purchaser shall pay all the bills rendered pursuant to Subparagraph 4.1.2

above to the Central Billing Party or to such Grantors as the Central Billing Party may designate in the currency, in which the bills were rendered, within forty-five (45) days from the date on which the bills were rendered.


4.4 Except as provided in Subparagraph 4.2, all bills not fully paid when due shall accrue a penalty charge calculated at 125% of the rate specified in Subparagraph 4.1.3 above on the day following the date payment of the bill was due or the next business date, if the due date is not a business day (hereinafter referred to as the “Late Payment Charge”) on a daily basis on the unpaid portion from and including the day following the day on which payment was due until such payment is received by the Central Billing Party or such Grantors as the Central Billing Party may designate in its bills.

4. 5 In the event that applicable law only allows the imposition of financial charges and

Late Payment Charge at the rates below the rates defined in Subparagraphs 4.1.3 and 4.4 above, the financial charges and the Late Payment Charge shall the at the highest rate permitted by the applicable law.

4.6 All bills rendered by the Central Billing Party shall be deemed to have been

accepted by the IRU Purchaser, if the IRU Purchaser does not present a written objection before the date when payment is due. If a written objection to a bill is presented, the Central Billing Party and the IRU Purchaser shall make all reasonable efforts to settle promptly the dispute concerning the bill in question. If the objection is sustained and the IRU Purchaser has paid the disputed bill, the amount of overpayment shall be refunded promptly to the IRU Purchaser, with interest calculated at the financial charges as defined in Subparagraph 10.5 of the SEA-ME-WE 3 C&MA from and including the date of payment of the bill by the IRU Purchaser to the date when the refund is received by the IRU Purchaser. If the objection is not sustained and the IRU Purchaser has not paid the disputed bill, the IRU Purchaser shall pay such bill promptly with any Late Payment Charges defined in Subparagraph 4.4 above, if applicable. Nothing in this Subparagraph 4.6shall relieve the IRU Purchaser from paying those parts of a bill that are not in dispute.

4.7 The Central Billing Party shall keep such books, records, vouchers and accounts

as may be appropriate to support the billing by the Central Billing Party pursuant to this Paragraph 4 and shall at all reasonable times make them available for the inspection of the IRU Purchaser at the IRU Purchaser’s expense during the period of five (5) years from the date of billing.

4.8 All amounts billed in accordance with this Paragraph 4 shall be paid in full, free and

clear of any taxes, duties or other withholding. For purposes of this Agreement, paid shall mean that the funds are available for immediate use by the Central Billing Party or such Grantors as the Central Billing Party may designate in its bills.

5. OPERATION AND MAINTENANCE OF CAPACITY AND SEGMENT T The SEA-ME-WE 3 capacity in which IRU is granted and the Segment T in which

the Terminal Station Right of Use is granted under this Agreement shall be operated and maintained as follows:

5.1 The Capacity in which IRU is granted under this Agreement shall be operated and

maintained or caused to be operated and maintained by the Grantors in efficient working order in accordance with and subject to the provisions of the SEA-ME-WE 3 C&MA.


5.2 The Segment T in which the Terminal Station Right of Use is granted under this Agreement shall be operated and maintained or caused to be operated and maintained by the Terminal Station Right of Use Grantor in efficient working order in accordance with and subject to the provisions of the SEA-ME-WE 3 C&MA.

5.3 Notwithstanding Subparagraphs 5.1 and 5.2 above, it is agreed that the Grantors

make, and have made, no guarantee or warranty for the continuance of the operation of SEA-ME-WE 3 without failure or breakdown. The Grantors shall under no circumstances be liable to the IRU Purchaser for any loss or damage sustained by reason of any failure in or breakdown of SEA-ME-WE 3, or for any interruption or degradation of service or reduction of the Capacity, whatsoever shall be the cause of such failure, breakdown, interruption, degradation or reduction and howsoever long it shall last.

5.4 The IRU Purchaser agrees to free from use the Capacity in which IRU is granted to

the IRU Purchaser to allow SEA-ME-WE 3 Maintenance Authorities to perform planned maintenance operations pursuant to Subparagraph 11.4 of the SEA-ME-WE 3 C&MA for a reasonable period of time without any claim against the Grantors, subject to prior written notice of such operations, where appropriate, from the Network Administrator or the Overall Restoration Liaison Officer (ORLO).

6. PROVISION OF TRANSIT FACILITIES The Grantors shall use all reasonable efforts to ensure such transmission facilities,

as may be suitable and reasonably required by the IRU Purchaser to extend the SEA-ME-WE 3 capacity in which IRU is granted to the IRU Purchaser under this Agreement, are furnished and maintained in the countries in which SEA-ME-WE 3 is landed, under terms and conditions of the separate agreement, for the duration of and in accordance with the SEA-ME-WE 3 C&MA.

7. USE OF CAPACITY The capacity in which IRU is granted to the IRU Purchaser under this Agreement

shall be used by the IRU Purchaser under the following conditions: 7.1 The IRU Purchaser shall ensure that it uses the capacity in such a way as not to

interfere with or impair service over SEA-ME-WE 3, impair privacy of communications over SEA-ME-WE 3, cause damage to SEA-ME-WE 3 or create hazards to the employees of SEA-ME-WE 3 Parties or to the public.

7.2 The communication capability of the capacity in which IRU is granted to the IRU

Purchaser under this Agreement may be optimized by the use of equipment which will more efficiently use such capacity, provided that:

(i) Prior agreement is obtained from the Network Administrator; (ii) The use of such equipment does not cause an interruption of, or

interference to, the use of any other capacity in SEA-ME-WE 3; and


(iii) The use of such equipment does not prevent the use of similar equipment by other telecommunications entities to which the capacity in SEA-ME-WE 3 is assigned or made available pursuant to the SEA-ME-WE 3 C&MA.

The provision, operation and maintenance of such equipment is not covered by this

Agreement. 7.3 In all cases, The IRU Purchaser shall be liable to the Grantors, or to third parties,

for any damage or impairment caused by a breach in the obligations of the IRU Purchaser laid down in the foregoing Subparagraphs 7.1 and 7.2.

7.4 The Grantors shall use their best efforts to cause all other telecommunications

entities who are permitted to use the capacity in SEA-ME-WE 3 to undertake obligations comparable to those of the IRU Purchaser set forth in the foregoing Subparagraphs 7.1, 7.2 and 7.3 including the use of sanctions if considered appropriate by the MC.

7.5 The Segment S IRU Grantors shall not exercise their rights pertaining to the

capacity in which IRU is granted to the IRU Purchaser under this Agreement so as to diminish or interfere with the IRU Purchaser’s use of such capacity in accordance with this Agreement.

7.6 The IRU Purchaser is allowed to test their IRU prior to the date of the full

effectiveness of their License according to the following conditions:

(i) A two week testing period is allowed for testing at earliest 3 months prior to the effective date of the License.

(ii) An additional one week testing period is allowed immediately before the

effective date of the License for pre-service testing. (iii) A minimum period of one week shall separate such testing periods in

7.6(i) and 7.6(ii) above. (iv) Notwithstanding the provision in Paragraph 4 of this Agreement, the full

payment for the IRU Lump Sum and the Terminal Station Right of Use Lump Sum shall be received by the Central Billing Party prior to the commencement of testing of relevant capacity granted under this Agreement.

7.7 In case of simultaneous purchase of IRU in more than one (1) half interest in a MIU,

the testing, to the extent that it is reasonably possible, will be concurrently performed for such IRU purchases in the same path and with the same corresponding telecommunication entity.

7.8 The provisions in Paragraphs 7.6. and 7.7 will apply, provided they are not in

conflict with any regulatory authority provision in the country of the IRU Purchaser. 7.9 The Grantors reserve the right to suspend the IRU capacity activation for ninety (90)

days if the IRU Purchaser uses the capacity for purposes other than testing.


7.10 If the License has been rescinded by the regulatory authority for any reason, the

Grantors have the right to terminate this Agreement and, at the discretion of the Grantors, a partial rebate of the IRU Lump Sum and Terminal Station Right of Use Lump Sum may be considered.

8. PATENT RIGHTS AND INFRINGEMENTS No license under patents is granted to the IRU Purchasers by the Grantors nor shall

be implied or arise by estoppel in favour of the IRU Purchaser with respect to any apparatus, system or method used by the IRU Purchaser in connection with the SEA-ME-WE 3 capacity in which IRU is granted to the IRU Purchaser under this Agreement. With respect to claims of patent infringement made by third parties:

(i) The Grantors shall save the IRU Purchaser harmless against claims

arising out of the use by the IRU Purchaser of the capacity in which IRU is granted to the IRU Purchaser under this Agreement; and

(ii) The IRU Purchaser shall save the Grantors harmless against claims

arising out of combining with or using in connection with the capacity in which IRU is granted to the IRU Purchaser, any apparatus, system or method provided by the IRU Purchaser or any customer or customers of the IRU Purchaser.

9. DEFAULT 9.1 With regard to the default under the provisions of Subparagraph 4.3, the Grantors

may suspend the IRU and the Terminal Station Right of Use granted to the IRU Purchaser under this Agreement and terminate this Agreement pursuant to the following procedure:

(i) Upon occurrence of default, the Grantors may notify the IRU Purchaser in

writing of their intent to suspend the IRU and the Terminal Station Right of Use granted to the IRU Purchaser under this Agreement, if full payment is ninety days overdue or the breach is not remedied within thirty (30) calender days of notification whichever is the earlier.

(ii) If full payment has not been made or such breach has not been remedied

at the end of such thirty (30) day notification period or ninety days after the invoicing of such payment whichever is the earlier, the Grantor may immediately suspend the IRU and the Terminal Station Right of Use. by giving the IRU Purchaser written notice of such effect

9.2 Suspension of the IRU and the Terminal Station Right of Use pursuant to

Subparagraphs 9.1 above shall not relieve the IRU Purchaser from any obligations and liabilities under this AgreementThe Grantors shall be relieved of any liability to the IRU Purchaser arising out of such suspension of the IRU and the Terminal Station Right of Use.


9.3 In the event of termination of this Agreement pursuant to Subparagraphs 9.1 above, this Agreement shall be deemed to cease as of the date of the notification duly given to the IRU Purchaser or as provided in Subparagraph 4.2. No refund of the payments which the defaulting IRU Purchaser has already made until the termination of this Agreement, if such is the case, shall be made to the defaulting IRU Purchaser. No credit for the IRU Lump Sum and the Right of Use Lump Sum, which the IRU Purchaser has already paid, if such is the case, shall be made to the defaulting IRU Purchaser. Termination of this Agreement pursuant to Subparagraphs 9.1 above shall not relieve the IRU Purchaser from its obligation to make full payment of all amounts billed under this Agreement up to and including the day this Agreement is terminated. The Grantors shall be relieved of any liability to the IRU Purchaser arising out of such termination of this Agreement.

9.4 The Grantors agree that the Network Administrator shall act as their agent towards

the IRU Purchaser in the procedure of the default under this Paragraph 9. 10. DURATION OF AGREEMENT This Agreement shall become effective on the day and year first above written and

shall continue in effect for the duration of the SEA-ME-WE 3 C&MA, except for the termination of this Agreement by the Grantors against the IRU Purchaser’s default pursuant to Subparagraphs 9.1. Upon the termination of the SEA-ME-WE 3 C&MA, this Agreement shall be deemed to terminate as of the date of the termination of the SEA-ME-WE 3 C&MA. The Network Administrator, on behalf of the Grantors, shall in advance notify the IRU Purchaser in writing of the termination of this Agreement. Termination of this Agreement pursuant to this Paragraph 10 shall not terminate Paragraph 11, nor prejudice the operation or effect thereof.

11. RESIDUAL OBLIGATIONS Termination of this Agreement pursuant to Paragraph 10. shall not relieve the IRU

Purchaser from sharing of any costs, which may arise in connection with claims made by third parties with respect to Segment S of SEA-ME-WE 3, the facilities that comprise Segment S or any part or portion thereof, or which may arise in relation to Segment S of SEA-ME-WE 3 due to any law, order or regulation made by any government or supranational legal authority pursuant to any international convention, treaty or agreement. Any such cost incurred shall be shared by the IRU Purchaser in proportion to the amount of capacity in which IRU is granted to the IRU Purchaser under this Agreement against the total amount of the Allocated Capacity in SEA-ME-WE 3 as of the termination of the SEA-ME-WE 3 C&MA.

12. ALTERATIONS OF AGREEMENT This Agreement and any of its provisions may only be altered or added to by an

agreement in writing signed by a duly authorized representatives of the Grantors and the IRU Purchaser.


13. ASSIGNMENT OF RIGHTS The IRU Purchaser shall not sell, assign, transfer or dispose of its rights, obligations

or interests under this Agreement except to its legal successor or to a telecommunications entity being its subsidiary or a corporation which owns the IRU Purchaser or a corporation which is owned by the corporation owning the IRU Purchaser, in which case written notice shall be given in a timely manner by the IRU Purchaser.

14. ARBITRATION If any dispute, controversy or claim arising out of or relating to this Agreement or the

breach, termination or validity thereof should arise between the Grantors and the IRU Purchaser, the parties shall first endeavour to reach an amicable settlement within a period of thirty (30) days from the date on which one party notifies the other, in writing of the existence of a dispute. If no such settlement is reached in this period, such dispute, controversy or claim shall be settled by one or more arbitrators in accordance with the rules of conciliation and arbitration of the International Chamber of Commerce, Geneva, Switzerland, including that for the appointment of a referee, to be decided by the SEA-ME-WE 3 Management Committee. The language of arbitration shall be English and the arbitration shall take place in Geneva, Switzerland. This Agreement is governed by the law of Canton of Geneva, Switzerland. The performance of this Agreement shall continue during the arbitration proceedings.

15. NOTICE For the purpose of notice, the addresses of the Network Administrator and the

Central Billing Party are provided as follows, unless otherwise designated in writing by the Network Administrator or the Central Billing Party:

(i) Network Administrator Singapore Telecommunications Limited 31 Exeter Road, Comcentre III 6th Storey Singapore 239734 Tel: +65- 6344-7719 Fax: +65- 6344-6775 Email: [email protected] (ii) Central Billing Party SEA-ME-WE 3 PTC Rua de Entrecampos 28, 1749 – 076 Lisboa Portugal Tel: +351 21 340 10 20 Email: [email protected]

The addresses for notification and billing of the IRU Purchaser are as provided in

Annex 1 of this Agreement, unless otherwise designated in writing by the IRU Purchaser.


16. RELATIONSHIP OF PARTIES The relationship between the Grantors and the IRU Purchaser hereto shall not be

that of partners and nothing in this Agreement shall be deemed to constitute a partnership between them, and the common enterprise of the parties hereto shall be limited to the expressed provisions of this Agreement.

17. CONFIDENTIALITY The IRU Purchaser shall assume the following obligation of confidentiality: 17.1 All data and information that is acquired or received by the IRU Purchaser in

connection with SEA-ME-WE 3 in anticipation of or under this Agreement excluding information and or data which are public domain shall be held confidential and shall not be divulged in any way to any third party, without the prior approval of the Grantors.

17.2 Notwithstanding Subparagraph 17.1 above, the IRU Purchaser may, without such

approval, disclose such data and information: (i) to the extent required by any applicable laws, or the requirements of any

recognized stock exchange in compliance with its rules and regulations, or by the rules of governance of the IRU Purchaser; or

(ii) to any government agency lawfully requesting such information; or (iii) to any court of competent jurisdiction acting in pursuance of its powers. 17.3 The IRU Purchaser shall remain bound by the provisions of this Paragraph 17

during the period of this Agreement and for the period of five years following termination of this Agreement.

18. GOVERNMENTAL APPROVAL The performance of this Agreement by the Grantors and the IRU Purchaser is

conditional upon the obtaining and continuance of such approvals, consents, authorizations, licenses and permits by the relevant governments as may be required or be deemed necessary by and as may be satisfactory to the Grantors.

19. WAIVER No delay, neglect, or forbearance on the part of the Grantors in enforcing any terms

or conditions of this Agreement to the IRU Purchaser shall be deemed to be a waiver or in any way prejudice the rights of the Grantors under this Agreement, unless and until such enforcement has been waived in writing by the Grantors. Any waiver in writing shall not be construed as a waiver of any subsequent breach or default of similar nature, or as a waiver of any such provisions, rights, or privilege hereunder, unless such waiver expressly so provides. Each and every right granted to the Grantors hereunder or allowed by law or in equity, shall be cumulative and may be exercised in part or in whole from time to time.


20 SEVERABILITY If any of the provisions of this Agreement shall be invalid or unenforceable, such

invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision, and the rights and obligations of the Parties shall be construed and enforced accordingly.

21 TERMINATION

This Agreement shall be terminated by prior written notice in the following cases:

(i) The IRU Purchaser is in default pursuant to Subparagraph 9.1; (ii) The License obtained by the IRU Purchaser has been rescinded for any

reason whatsoever pursuant to Subparagraph 7.10; (iii) The SEA-ME-WE 3 C&MA has been terminated pursuant to Paragraph

10; (iv) The IRU Purchaser becomes insolvent, files for bankruptcy, takes

advantage of any legal scheme for the relief of debtors, adopts a resolution for its winding-up, its reorganisation or the bulk sale of its assets, or if a petition in bankruptcy, for receivership or for winding-up is taken against it and is not rejected or withdrawn within thirty (30) days from its inception.

22. FORCE MAJEURE If any party of this Agreement cannot fulfil its obligations in this Agreement due to

an event beyond its reasonable control, including, but not limited to lightning, flood, exceptionally severe weather conditions, fire or explosion, civil disorder, war or military operations, national or local emergency, anything done by government or other competent authority, it shall not be liable to the other parties of this Agreement for such delay in performance or failure to perform and shall give notice to the other parties of this Agreement as soon as reasonably practical after the event has occurred.

23. ENTIRE AGREEMENT This Agreement is composed by the following parts: (i) Main text (ii) Annex 1: IRU Transfer Sheet (iii) Annex 2: Paragraphs 1 and 5 and Annexes 1 and 2 of the SEA-ME-

WE 3 C&MA


24. HEADINGS OF PARAGRAPHS The headings of Paragraphs do not form part of this Agreement and shall not have

any effect on the interpretation thereof. 25. CAPACITY AND REPRESENTATION Each party hereto warrants to the other party hereto that it has the capacity, and

that its representative signatory hereto has the authority, to enter into this Agreement and that the provisions of this Agreement shall be binding on it and its successors and permitted assigns.

26. EXECUTION OF AGREEMENT This Agreement shall be executed in two (2) counterparts in the English language

by the Network Administrator, which is duly authorized to represent the Grantors by the Subparagraphs 14.13 and 14.21 of the SEA-ME-WE 3 C&MA and the officer duly authorized by the IRU Purchaser. Each counterpart when so executed and delivered shall be an original, and such counterparts shall together (as well as separately) constitute one and the same instrument.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed by their duly authorized representatives. For and on behalf of The Grantors By: The Network Administrator of SEA-ME-WE 3 For and on behalf of The IRU Purchaser. By:

Xxxxxxx Xxxxxxx

Annex 1 Pg 1 of 2


IRU TRANSFER SHEET

1. IRU Purchaser TELECOM X, a company incorporated under the laws of X and having its principal

office at X Street, X City, X State, X Notice Address TELECOM X X Street X City, X State X Billing Address TELECOM X X Street X City, X State X 2. Grantors 2.1 Segment S IRU Grantors SEA-ME-WE 3 Parties as identified in Schedule A of the SEA-ME-WE 3 C&MA 2.2 Terminal Station Right of Use Grantor TELECOM P 3. Path Assignment, Use and Segment T 3.1 Path Assignment X half MIU in the Path between “P” and “Q” (XXX MIU*KM) 3.2 Use To be used for the provision of international telecommunications services with

TELECOM C by forming: X TELECOM X/ TELECOM C MIUs in Path between “P” and “Q” 3.3 Segment T Segment T “p”

Annex 1 Pg 2 of 2


4. Lump Sums and O&M Charges 4.1 IRU 4.1.1 IRU Lump Sum US$ XXX,XXX.xx 4.1.2 Segment S Annual Charges (per annum but quarterly billing) The amount to be determined by the SEA-ME-WE 3 Management

Committee annually based on the following considerations: (i) The approved Segment S annual Operation and Maintenance

budget; (ii) The deviation of actual Segment S Operation and Maintenance

Cost from the previous year’s Segment S Operation and Maintenance budget; and

(iii) Any additional Capital Costs incurred in Segment S in the

previous year. 4.2 Terminal Station Right of Use 4.2.1 Right of Use Lump Sum US$ XXX,XXX.xx 4.2.2 Segment T Annual Charges (per annum but quarterly billing) The amount to be determined by the SEA-ME-WE 3 Management Committee

annually based on the following considerations: (i) The approved Segment T”p” annual Operation and Maintenance

budget; (ii) The deviation of actual Segment T”p” Operation and

Maintenance Cost from the previous year’s Segment T”p” Operation and Maintenance budget; and

(iii) Any additional Capital Costs incurred in Segment T”p” in the

previous year.

SEA-ME-WE 3 Standard IRU Agreement, Annex 2


Extracts from SEA-ME-WE 3 C&MA.

Paragraphs 1 and 5 and Annexes 1 and 2

SMW-3 C&MA Paragraph 1

1. DEFINITIONS AND INTERPRETATIONS 1.1 The following definitions shall apply to certain terms used in this Agreement: Accounting Practice: An accounting practice which meets international standards or requirements laid down

by applicable laws and professional organisations appropriate to a Party. Agreement: This SEA-ME-WE 3 Construction and Maintenance Agreement. Basic System Payload Module: A Virtual Container 4 (VC4) in accordance with ITU-T Recommendation G.707. Bit Sequence Independence: The property of a binary transmission channel, telecommunications circuit or

connection, that permits all sequences of binary signal elements to be conveyed over it at its specified bit rate, without change to the value of any signal elements, in accordance with ITU-T Recommendation G.701, Paragraph 2.

Branching Unit: Equipment that permits interconnection between 3 cable sections and provides the

optical fibre and power conductor between 3 cable sections. Cable Landing Point: The beach joint, or the mean low water mark of ordinary spring tides if there is no

beach joint. Cable System Interface: The nominal STM-1 digital optical or electrical input/output ports on the

digital/optical distribution frame (excluding the digital/optical or electrical distribution frame itself) where the Basic System Payload Module connects with other transmission facilities or equipment.

Capacity: Capacity shall be categorised as follows, (with items (ii), (iii), (iv), (v) and (vi)

expressed in terms of MIU*kilometre) :

(i) Design Capacity: The capacity of Segment S of SEA-ME-WE 3 provided under the Supply Contract.

(ii) Allocated Capacity: Capacity which is allocated to a Party in return for its

financial investment, and which comprises the Assigned Capacity, Reserve Capacity and Pool Capacity.

(iii) Assigned Capacity: Capacity which is assigned to a Party in specific Paths of

SEA-ME-WE 3. (iv) Reserve Capacity: Capacity acquired by a Party on an unmatched basis for its

intended future assignments.

SMW-3 C&MA Paragraph 1 cont’d.

(v) Pool Capacity: Capacity acquired by a Party on an unmatched basis for transfer on an

Indefeasible Right of Use (IRU) basis, and the collective sum of such capacity acquired by each Party.

(vi) Priority Pool Capacity: Pool Capacity which has priority in meeting SEA-ME-WE 3

IRU sales between Sesimbra and Penmarch until the 31st of December 2000, as detailed in Annex 6.

(vii) Common Reserve Capacity (CRC): Capacity in excess of the Allocated Capacity,

which is not allocated to any specific Party. (viii) Restoration Capacity: Capacity within the Common Reserve Capacity made

available for in-system restoration and the restoration of other systems.

(ix) SEA-ME-WE 3 IRU : Capacity purchased in SEA-ME-WE 3 on an Indefeasible Right of Use (IRU) basis.

Carriers: All of the Parties to this Agreement, except TOCI, and international telecommunications

entities not Parties hereto authorised or permitted under the laws of its respective country, territory or place to acquire and use cable capacity on an IRU basis pursuant to Paragraph 14.

Existing Carriers : International telecommunications entities which were authorised or permitted under the

laws of their respective countries, territories or places on or before the 1st of September 1996 to acquire and use capacity on an IRU basis.

Initial Parties: Means KDD, KT, CT, ITDC, HKTI, CTM, PLDT, VNPT, JTB, TM, SINGTEL,

INDOSAT, TELSTRA, CAT, MPT, SLTL, VSNL, PTCL, GTO, ETISALAT, OPT, MOPTT, ARENTO, CYTA, TURK TELEKOM , OTE, TELECOM ITALIA, ONPT, MARCONI, FT/FCR, BT, BELGACOM, DTAG, AT&T, and TOCI

Interconnection Equipment: The equipment in each terminal station interconnecting Segments S1, S2, S3, S4, S5, S6,

S7, S8, S9, and S10, one with another, as appropriate, and to the Cable System Interface. MIU: A unit of capacity mapped onto a VC12 with effective usage of 2.048 Mbit/s in each

direction. A maximum of 63 MIUs may be carried in one (1) Basic System Payload Module.

MIU*kilometre or MIU*km: A unit of capacity in SEA-ME-WE 3 which shall consist of two one-half interests in a

MIU multiplied by one (1) kilometre of the Network Distance.

SMW-3 C&MA Paragraph 1 cont’d

Network Distance: The virtual distance of each Path of SEA-ME-WE 3 in kilometres, which is specified in

Annex 1 of this Agreement. Paid: Meaning that the funds referred to are available for immediate use by the recipient, or the

Central Billing Party as appropriate. Path: The connectivity in SEA-ME-WE 3 between any two Cable System Interfaces,

independent of the actual physical links used to connect these Cable System Interfaces. Path Assignment: An allocation of capacity to a Party or two Parties on a specific Path in SEA-ME-WE 3. Ready For Service Date: The Ready For Service Date, hereinafter called “RFS Date”, shall be considered as the

date at which the Parties agree to place the entire SEA-ME-WE 3 into operation for customer service and shall be on or before the 30th of March 1999, or such other date as may be agreed by the Management Committee.

Ready For Provisional Acceptance Date: The date on which Segment S of SEA-ME-WE 3 is accepted by the Procurement Group

on behalf of the Parties. The Ready for Provisional Acceptance Date (hereinafter called “RFPA Date”) shall be on or before the 1st of December 1998 with the exception of Segment S1 and S2, which shall be on or before the 1st of March 1999 and Segment S7 which shall be on or before the 1st of July 1998) or such other dates as may be agreed upon by the Management Committee.

Segment Ready For Service Date: The Segment Ready For Service Date, hereinafter called the “Segment RFS Date”, shall be

on or before the 31st of December 1998 for Segments S3 - S10, and on or before the 30th March 1999 for Segments S1 and S2 or such other date as may be agreed upon by the Management Committee.

Supply Contract : The contracts placed by the Procurement Group on behalf of the Parties for the supply of

Segment S of SEA-ME-WE 3. Tagide-2 Parties: Means PTA, BELGACOM, TELEGLOBE, TD, FINNET, TFIN, FT/FCR, DTAG, OTE,

BTE, LPTT, TELENOR, MARCONI, ROSTEL, TSA, TELIA, SWISST, MCL, AT&T, TOCI, SPRINT and MCII.

Terminal Parties: Means KDD, KT, CT, ITDC, HKTI, CTM, PLDT, VNPT, JTB , TM, SINGTEL,

INDOSAT, TELSTRA, CAT, MPT, SLTL, VSNL, PTCL, GTO, ETISALAT, OPT, MOPTT, ARENTO, CYTA, TURK TELEKOM, OTE, TELECOM ITALIA, ONPT, MARCONI, FT/FCR, BT, BELGACOM and DTAG.


1.2 Schedules and Annexes The Schedules and Annexes to this Agreement, and any written amendments thereto or any

Schedules or Annexes substituted therefore, shall form part of this Agreement, and any Paragraph which contains a reference to a Schedule or Annex shall be read as if the Schedule or Annex was set out at length in the body of the Paragraph itself. In the event that there is any conflict between the terms and conditions of this Agreement and the Schedules and Annexes to this Agreement, the terms and conditions of this Agreement shall prevail.

1.3 Headings The headings in this Agreement are inserted for convenience only and shall be ignored in

construing this Agreement. 1.4 Entire Agreement This Agreement represents the entire understanding and agreement between the Parties in

relation to the matters dealt with herein, and supersedes all previous representations, understandings and agreements, whether oral or written, relating thereto.

1.5 Interpretation Where the sense requires, words denoting the singular only shall also include the plural

and vice versa. References to persons shall include firms and companies and vice versa. Reference to the male shall include the female.

5. SEA-ME-WE 3 SEGMENTS

5.1 In accordance with the arrangements contained in this Agreement, SEA-ME-WE 3 shall be

engineered, provided, constructed, maintained and operated between a terminal station at Okinawa, a terminal station at Keoje, terminal stations at Shanghai and Shantou, terminal stations at Toucheng and Fangshan, a terminal station at Deep Water Bay, a terminal station at Taipa, a terminal station at Batangas, a terminal station at Danang, a terminal station at Tungku, a terminal station at Mersing, a terminal station at Tuas, a terminal station at Jakarta, a terminal station at Perth, a terminal station at Medan , a terminal station at Penang, a terminal station at Satun, a terminal station at Pyapon, a terminal station at Mount Lavinia, terminal stations at Cochin and Mumbai, a terminal station at Karachi, a terminal station at Muscat, a terminal station at Fujairah, a terminal station at Djibouti, a terminal station at Jeddah, terminal stations at Suez and Alexandria, a terminal station at Yeroskipos, a terminal station at Marmaris, a terminal station at Chania, a terminal station at Mazara Del Vallo, a terminal station at Tetuan, a terminal station at Sesimbra, a terminal station at Penmarch, a terminal station at Goonhilly, a terminal station at Oostende and a terminal station at Norden. For the purposes of this Agreement, SEA-ME-WE 3 shall be regarded as consisting of Segments T and S.


5.2 Segment T shall comprise the following segments: SEGMENT T1: The terrestrial segment at Okinawa (KDD), SEGMENT T2: The terrestrial segment at Keoje (KT), SEGMENT T3: The terrestrial segment at Shanghai (CT), SEGMENT T4: The terrestrial segment at Toucheng (ITDC), SEGMENT T5: The terrestrial segment at Fangshan (ITDC), SEGMENT T6: The terrestrial segment at Shantou (CT), SEGMENT T7: The terrestrial segment at Deep Water Bay (HKTI), SEGMENT T8: The terrestrial segment at Taipa (CTM), SEGMENT T9: The terrestrial segment at Batangas (PLDT), SEGMENT T10: The terrestrial segment at Danang (VNPT), SEGMENT T11: The terrestrial segment at Tungku (JTB), SEGMENT T12: The terrestrial segment at Mersing (TM), SEGMENT T13: The terrestrial segment at Tuas ( SINGTEL), SEGMENT T14: The terrestrial segment at Jakarta(INDOSAT), SEGMENT T15: The terrestrial segment at Perth (TELSTRA) SEGMENT T16: The terrestrial segment at Medan (INDOSAT) SEGMENT T17: The terrestrial segment at Penang (TM) SEGMENT T18: The terrestrial segment at Satun (CAT), SEGMENT T19: The terrestrial segment at Pyapon (MPT), SEGMENT T20: The terrestrial segment at Mount Lavinia (SLTL), SEGMENT T21: The terrestrial segment at Cochin (VSNL), SEGMENT T22: The terrestrial segment at Mumbai (VSNL), SEGMENT T23: The terrestrial segment at Karachi (PTCL), SEGMENT T24: The terrestrial segment at Muscat (GTO), SEGMENT T25: The terrestrial segment at Fujairah (ETISALAT), SEGMENT T26: The terrestrial segment at Djibouti (OPT), SEGMENT T27: The terrestrial segment at Jeddah (MOPTT), SEGMENT T28: The terrestrial segment at Suez (ARENTO), SEGMENT T29: The terrestrial segment at Alexandria (ARENTO), SEGMENT T30: The terrestrial segment at Yeroskipos (CYTA), SEGMENT T31: The terrestrial segment at Marmaris (TURK TELEKOM), SEGMENT T32: The terrestrial segment at Chania (OTE), SEGMENT T33: The terrestrial segment at Mazara Del Vallo (TELECOM

ITALIA), SEGMENT T34: The terrestrial segment at Tetuan (ONPT), SEGMENT T35: The terrestrial segment at Sesimbra (MARCONI), SEGMENT T36: The terrestrial segment at Penmarch (FT), SEGMENT T37: The terrestrial segment at Goonhilly (BT) SEGMENT T38: The terrestrial segment at Oostende (BELGACOM), SEGMENT T39: The terrestrial segment at Norden (DTAG), Segments T1, T2, T3, T4, T5, T6, T7, T8, T9, T10, T11, T12, T13, T14, T15, T16, T17,

T18, T19, T20, T21, T22, T23, T24, T25, T26, T27, T28, T29, T30, T31, T32, T33, T34, T35, T36, T37, T38 and T39 shall each consist of an appropriate share of the land, civil works and buildings at the specified locations for the cable landing, the terminal station and the cable rights-of-way and ducts between a terminal station and its respective Cable Landing Point, and an appropriate share of common services and equipment, including any multiplex equipment necessary to operate and interface between the SEA-ME-WE 3


Cable System Interface and the nominal 2Mbit/s operating point, solely and directly associated with Assigned Capacity connecting with SEA-ME-WE 3.

5.3 Segment S shall consist of the whole of the submarine cable system provided between the

Cable System Interfaces at the terminal stations at Okinawa, Keoje, Shanghai, Toucheng, Fangshan, Shantou, Deep Water Bay, Taipa, Batangas, Danang, Tungku, Mersing, Tuas, Jakarta, Perth, Medan, Penang, Satun, Pyapon, Mount Lavinia, Cochin, Mumbai, Karachi, Muscat, Fujairah, Djibouti, Jeddah, Suez, Alexandria, Yeroskipos, Marmaris, Chania, Mazara Del Vallo, Tetuan, Sesimbra, Penmarch, Goonhilly, Oostende and Norden. All cable links within Segment S shall contain at least two fibre pairs. SEA-ME-WE 3 can be considered as a main trunk linking Germany, the UK, France, Portugal, Egypt, Djibouti, India, Singapore, Australia and Japan, with connection to the other terminal stations being achieved through Branching Units which exploit the wavelength division multiplexing capability of the system. The main trunk shall contain at least 2 fibre pairs and each fibre pair shall be capable of operating at a minimum of 10Gbit/s, providing a minimum of 64 Basic System Payload Modules in each fibre pair. For the purposes of this Agreement, Segment S shall be regarded as consisting of the following Segments;

SEGMENT S1 That part of Segment S between the Cable System Interfaces in terminal stations at

Okinawa, Keoje, Shanghai, Toucheng, Fangshan, and Shantou.

SEGMENT S2 That part of Segment S between the Cable System Interfaces in terminal stations at

Shantou, Deep Water Bay, Taipa, Batangas, Danang, Tungku, Mersing and Tuas. SEGMENT S3 That part of Segment S between Tuas, Jakarta and Perth. SEGMENT S4 That part of Segment S between Tuas, Medan, Penang, Satun, Pyapon, Mount

Lavinia, Cochin and Mumbai. . SEGMENT S5 That part of Segment S between the Cable System Interfaces in the terminal stations

at Mumbai, Karachi, Muscat, Fujairah, and Djibouti. SEGMENT S6 That part of Segment S between the Cable System Interfaces in the terminal stations

at Djibouti, Jeddah and Suez. SEGMENT S7 That part of Segment S between the Cable System Interfaces in Suez and Alexandria.

Segment S7 shall consist of dedicated fibre pairs in two different buried terrestrial cables laid across Egypt on two different and separate routes, each providing sufficient capacity to accommodate the whole system capacity required between Suez and Alexandria.

Segment S7 shall include:


(i) two diverse transmission cables equipped with appropriate repeaters, route switching equipment, joint housings and, if required, any intermediate transmission and power equipment between Suez terminal station and Alexandria terminal station;

(ii) any Interconnection Equipment which shall groom all payload virtual containers

within SEA-ME-WE 3 as required and approved by the Management Committee, in order to meet the internal connectivity requirements of SEA-ME-WE 3.

SEGMENT S8 That part of Segment S between the Cable System Interfaces in the terminal stations

at Alexandria, Yeroskipos, Marmaris, Chania, Mazara Del Vallo, Tetuan and Sesimbra.

SEGMENT S9 That part of Segment S between the Cable System Interfaces in the terminal stations

at Sesimbra and Penmarch. SEGMENT S10 That part of Segment S between the Cable System Interfaces in the terminal stations

at Penmarch, Goonhilly, Oostende and Norden

5.4 Segments S1, S2, S3, S4, S5, S6, S8, S9 and S10 shall each include:

(i) all transmission, power feeding, system management and special test equipment directly associated with the submersible plant, located in their respective terminal stations, and including the Cable System Interfaces;

(ii) the transmission cable equipped with appropriate repeaters, Branching Units and

joint housings between a terminal station and another terminal station; (iii) the sea earth cable and electrode system or the land earth system, or an appropriate

share thereof, associated with the terminal power feeding equipment at the respective terminal station;

(iv) the Interconnection Equipment which shall groom all payload virtual containers

within SEA-ME-WE 3 as required and approved by the Management Committee in order to meet the internal connectivity requirements of SEA-ME-WE 3.

SMW-3 C&MA Annex 1, Page 1 of 2

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Okinawa 964 830 610 836 1.162 1.440 1.504 1.530 2.312 2.718 3.668 3.772 4.234 6.562 3.950 3.694 3.658 3.490 5.492 5.690 5.654 6.052 6.892 7.056 8.906

Keoje 718 1.280 1.590 1.726 1.976 2.030 2.436 2.908 3.600 4.416 4.528 5.086 7.518 4.612 4.348 4.284 3.870 5.856 5.966 5.728 5.966 6.774 6.896 8.862

Shanghai 746 1.040 1.060 1.286 1.336 1.948 2.212 3.044 3.754 3.868 4.484 7.072 3.918 3.654 3.582 3.154 5.144 5.268 5.084 5.388 6.214 6.358 8.274

Toucheng 550 550 830 894 1.204 1.720 2.330 3.152 3.260 3.806 6.328 3.392 3.130 3.084 2.878 4.880 5.080 5.068 5.502 6.346 6.522 8.332

Fangshan 550 664 728 910 1.478 2.018 2.856 2.964 3.496 6.030 3.118 2.858 2.820 2.698 4.686 4.914 4.968 5.452 6.300 6.486 8.244

Shantou 550 550 1.098 1.192 2.038 2.696 2.810 3.434 6.116 2.888 2.626 2.568 2.328 4.328 4.534 4.554 5.032 5.878 6.066 7.830

Deep Wtr By 550 1.134 930 1.920 2.472 2.588 3.252 6.008 2.636 2.372 2.306 2.050 4.050 4.260 4.304 4.806 5.654 5.848 7.582

Taipa 1.162 878 1.910 2.430 2.546 3.222 5.996 2.584 2.320 2.252 1.986 3.986 4.194 4.242 4.748 5.596 5.790 7.520

Batangas 1.354 1.190 2.250 2.342 2.712 5.124 2.638 2.406 2.418 2.678 4.520 4.838 5.106 5.724 6.562 6.780 8.360

Danang 1.434 1.594 1.712 2.472 5.382 1.706 1.442 1.376 1.326 3.242 3.518 3.752 4.392 5.222 5.450 7.006

Tungku 1.250 1.310 1.522 4.088 1.764 1.606 1.686 2.426 3.878 4.288 4.810 5.572 6.358 6.610 7.904

Mersing 550 996 3.996 560 550 678 1.768 2.710 3.166 3.846 4.688 5.408 5.676 6.766

Tuas 902 3.896 574 594 748 1.854 2.708 3.172 3.882 4.732 5.440 5.710 6.760

Jakarta 2.998 1.388 1.484 1.642 2.754 3.324 3.826 4.648 5.526 6.184 6.482 7.308

Perth 4.316 4.462 4.618 5.734 5.744 6.254 7.256 8.158 8.644 8.926 9.086

Medan 550 550 1.430 2.150 2.604 3.310 4.168 4.868 5.140 6.204

Penang 550 1.272 2.272 2.698 3.330 4.164 4.892 5.160 6.314

Satun 1.116 2.194 2.602 3.202 4.026 4.764 5.028 6.220

Pyapon 2.006 2.216 2.444 3.152 3.958 4.200 5.680

Mt Lavinia 550 1.554 2.424 2.928 3.210 4.054

Cochin 1.064 1.932 2.410 2.694 3.616

Mumbai 902 1.562 1.828 3.278

Karachi 846 1.056 2.894

Muscat 550 2.108

Fujairah 2.046

Djibouti

Jeddah

Suez

Alexandria

Yeroskipos

Marmaris

Chania

Mazara

Tetuan

Sesimbra

Penmarch

Goonhilly

Oostende

SMW-3 C&MA Annex 1, Page 2 of 2

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Okinawa 8.838 9.058 9.214 8.832 9.076 9.478 10.000 10.000 10.000 10.000 10.000 9.864 9.460

Keoje 8.616 8.670 8.792 8.378 8.572 8.964 9.602 10.000 10.000 9.704 9.546 9.082 8.680

Shanghai 8.116 8.274 8.420 8.028 8.262 8.662 9.384 10.000 10.000 9.684 9.548 9.048 8.644

Toucheng 8.316 8.600 8.772 8.408 8.678 9.084 9.872 10.000 10.000 10.000 10.000 9.666 9.266

Fangshan 8.286 8.626 8.808 8.460 8.746 9.152 9.974 10.000 10.000 10.000 10.000 9.840 9.442

Shantou 7.866 8.214 8.402 8.056 8.352 8.758 9.594 10.000 10.000 10.000 10.000 9.522 9.126

Deep Wtr By 7.650 8.032 8.226 7.894 8.200 8.606 9.466 10.000 10.000 10.000 10.000 9.462 9.072

Taipa 7.592 7.980 8.176 7.846 8.154 8.560 9.424 10.000 10.000 10.000 9.988 9.436 9.046

Batangas 8.572 9.052 9.264 8.952 9.278 9.682 10.000 10.000 10.000 10.000 10.000 10.000 10.000

Danang 7.230 7.764 7.988 7.706 8.058 8.456 9.392 10.000 10.000 10.000 10.000 9.636 9.262

Tungku 8.326 8.994 9.238 8.996 9.372 9.760 10.000 10.000 10.000 10.000 10.000 10.000 10.000

Mersing 7.302 8.082 8.346 8.162 8.570 8.936 9.954 10.000 10.000 10.000 10.000 10.000 10.000

Tuas 7.318 8.114 8.380 8.206 8.614 8.978 10.000 10.000 10.000 10.000 10.000 10.000 10.000

Jakarta 7.980 8.850 9.124 8.982 9.402 9.752 10.000 10.000 10.000 10.000 10.000 10.000 10.000

Perth 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000

Medan 6.746 7.542 7.810 7.640 8.052 8.412 9.438 10.000 10.000 10.000 10.000 10.000 9.788

Penang 6.806 7.564 7.826 7.638 8.042 8.410 9.426 10.000 10.000 10.000 10.000 10.000 9.704

Satun 6.688 7.432 7.692 7.498 7.900 8.270 9.286 10.000 10.000 10.000 10.000 9.882 9.550

Pyapon 5.954 6.570 6.812 6.572 6.952 7.338 8.324 9.922 10.000 9.410 9.390 8.808 8.466

Mt Lavinia 4.656 5.550 5.832 5.734 6.168 6.490 7.534 9.114 9.432 8.998 9.056 8.496 8.238

Cochin 4.160 5.038 5.318 5.218 5.652 5.974 7.018 8.598 8.914 8.484 8.546 7.988 7.736

Mumbai 3.518 4.234 4.498 4.334 4.754 5.106 6.138 7.742 8.022 7.510 7.554 6.986 6.716

Karachi 2.850 3.422 3.672 3.474 3.884 4.246 5.270 6.876 7.142 6.608 6.652 6.084 5.816

Muscat 2.008 2.674 2.942 2.810 3.242 3.572 4.614 6.206 6.508 6.088 6.160 5.616 5.394

Fujairah 1.800 2.404 2.670 2.528 2.958 3.292 4.332 5.926 6.226 5.806 5.880 5.338 5.122

Djibouti 1.182 2.306 2.568 2.788 3.170 3.282 4.194 5.532 5.946 5.958 6.118 5.704 5.642

Jeddah 1.138 1.412 1.606 1.994 2.138 3.108 4.564 4.942 4.836 4.984 4.544 4.468

Suez 550 550 864 1.012 2.026 3.566 3.908 3.712 3.850 3.406 3.336

Alexandria 550 636 726 1.736 3.282 3.618 3.426 3.570 3.136 3.080

Yeroskipos 550 772 1.804 3.406 3.698 3.358 3.472 2.986 2.876

Marmaris 550 1.386 2.992 3.270 2.918 3.036 2.564 2.474

Chania 1.042 2.636 2.940 2.700 2.844 2.424 2.398

Mazara 1.606 1.896 1.780 1.970 1.690 1.826

Tetuan 550 1.360 1.598 1.850 2.230

Sesimbra 1.112 1.322 1.700 2.100

Penmarch 550 640 1.040

Goonhilly 582 944

Oostende 550

SMW3 C&MA Annex 2

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SEA-ME-WE 3 STANDARD IRU AGREEMENTsmw3.com/smw3/SignIn/Download/IRU/Standard Agreement/AG... · 2012-11-30 · circumstances, shall the Path assignment so designated be changed. 2.3